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Posts posted by xTDx

  1. If your husband has abandoned you ,then you should file for divorce. Would one believe you or a document that says divorce filing is in process ? Until you are divorced or have the process going, it may be difficult to get F1 visa. He being in US on H1b with 140 approved makes things worse for you.

    On the topic of DS-160 and any follow up questions by consulate, you only tell them what is true. Doesn't matter however weird or ugly the truth is. Anything else will cause serious problems for your study plans in US.  


  2. 221g Admin Processing is a black hole. There is very less you can do beside waiting for consulate to make a decision.

    Contacting your local senator/s and have them send a congressional enquiry may help as an officer from consulate might have to review the case and respond to the enquiry but it may all be a futile attempt. 

    Out of curiosity, what are your case details ? For example your education , work history , any criminal matters , primary h1b job details etc , any travel to problematic countries , common muslim names etc?


  3. 3 hours ago, mlreddy520 said:

    What is the reason VO thought I will not return back to home country? And can I apply again? If, I can is there any documents that can support my case (exam or documents)?

    Your OPT and employment in US is the reason. OPT or employment should  not be the primary basis of a F1 visa. You should have consulted with an immigration attorney before you left US. You can apply again and if you ask me, you should, however, it may be denied again. Well if your only purpose is to continue work on your OPT then there is no other documentation you can provide. Not a bad idea to consulted with an immigration attorney now.

  4. They should file form i539 - http://www.uscis.gov/files/form/i-539.pdf . There is no group or family application in i539. It is an individual application. Any applicable fee is for individual filing. 

    Rest is pretty straightforward. One can only stay in US as per the dates stamped on the passport unless an extension of status application via form i539 is timely filed. Not a bad idea to consult with an immigration attorney.


  5. On 8/2/2019 at 4:19 AM, santhi yamala said:

    How can he try to come back. Which Visa can he apply now? I am on OPT and working.

    The only way I see at this time is to apply for F2. There are a lot of moving parts here. You yourself are on OPT and working, as said before this sets a precedent that your husband is on a similar path to immigrate to US, however lengthy it may be. This is why you must consult with immigration attorneys for guidance on your plan. 

  6. 3 hours ago, PSP79 said:

    I Have to provide my Job duties and relevant SOC Code and SOC Title to my employer / Attorney.

    That's not your job . That's your employers and their attorneys job. Unfortunately no one here will be able to tell you that simply because we do not know about the job and its details. Even if we do , we would not suggest you anything because that wrong and it is inappropriate to say the least. Looks like your employer is a consultancy company and the only suggestion to you is to stay away from such employers.

  7. She is planning to study full time, or part time? She can study part time on F2 without doing anything. If She leaves, she would have to get a F2 stamp to come back to US. 

    If full time , she needs to be on F1 and an i120 issued for her. Also she would have to request Change of Status from F2 to F1 if present in US or she can apply for F1 from India using that i120. VIsa stamp is just for entering the US. Once you are in US, your current status and relative i94 defines your stay duration and limits.

    For 2, as I said before, she doesn't have F2 visa stamp so use L2 details.


  8. On 7/30/2019 at 12:08 PM, Ramselvam said:


    I am on initial OPT, my employer applied for H1b and it got approved. I am on F1 cap-gap until Sept 30. My current contract period ends on Aug 15, 2019.

    1. If I am laid off can I transfer my H1b to a new employer before Sept 30?
    2. If I am not getting a new job do I need to leave the country after Sept 30?
    3. I have my Stem OPT approved until 2021, will that be any useful?


    As said before, you can't get H1b transferred to a new employer in this case. You should consult expert immigration attorneys to get your case reviewed in depth for best strategies available to you at this time. There may(Huge maybe) be a chance to revert back to F1/OPT.

  9. On 7/30/2019 at 9:37 AM, KumarH1BUSA said:

    I am on H1B and my H1 Expires in the month of August 2020. I am also planning to change the Client so my workplace site changes.

    So is it possible to apply for H1 Amendment and Extension together 1 year before my H1B expiration date?

    Yes, amendments can be filed anytime and your employer can request i94 extension at the same time. This is actually the right way to do it. i.e if amendment is being filed, request extension as well to reduce cost and paperwork.

  10. They can. However it is very risky. F1 has no dual intent of non-immigration and immigration like H1b classification does. If you were born in  one of the backlogged countries like China and India, you will have to wait for decades to get your GC in EB2/EB3 categories.And if you leave USA to visit family or friends, you will not get a F1 or Visitor visa approved for you because of immigration petitions filed on your behalf under GC process.

    You should get your options and case reviewed in depth by competent immigration attorneys before you take any immigration decision.

  11. As per DHS statements Nonimmigrant. An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought.

    Don't you have a family home or some family in your home country ? Your state of residence is where your permanent residence is.

  12. 14 hours ago, 5105791 said:

    Hi All,

    Came to USA in L2 in 2008

    L2 visa:  2008-2011


    H1B visa: 2012-Jul 2019 (There were four months away from US due to a project in Canada and one India visit) H1B visa is approved till Dec 2020 but got revoked on June 26,2019

    I-140 approved on Jan 14th, 2019

    I-94 valid till Dec 31,2020


    Questions :

    1. Am I eligible to stay here now

    2. Am I eligible to work?

    3. When should I leave USA ?

    4. Company X is applying for visa now. Can I work with it’s receipt number


    Appreciate your response!


    Thank you!

    The answer mostly depends upon why H1b was revoked in June 2019 ?

    If your H1b is revoked, you should leave asap as you may be out of status already. You should consult all this with an immigration attorney and get your case reviewed in depth. With the facts provided, you seem out of status already.

  13. 13 hours ago, kumarvojjala said:


    I am currently in the USA on L1 visa. I have an approved H1b petition from the 2017 year which is valid till 2020 September. 

    I have an employer (a startup product company) who can do H1b petition for me, the same employer who filed my petition in the 2017 year.

    Can I apply for Change of status from L1 to H1b? I spoke to a few attorneys and got a mixed response.

     "We try to apply for a Change of Employer H-1B. This plan is not guaranteed to work because USCIS often says the approval notices are invalid if they were never "activated", but I give it a 50/50 chance. You can take your chance and give it a try"

    Any suggestions from the group? I plan to apply COS along with visa interview as a backup option.

    If I go with COS and if it does not get approved, will it have any impact on the visa interview? 

    Thank you for any of your suggestions or information.


    If the employer is a for profit organization, the L1 to H1 COS will not work if you never had H1b status i.e counted towards the H1b Cap. (worked for an employer and got paid while maintaining  H1b status in USA).

    Your employer can file a cap-subject petition next year.

  14. 13 hours ago, Raj_A said:

    Hi All,

    My wife's name has my last name mentioned in my passport but not in her passport.

    Will that cause any issues during immigration process? Do I need to make changes to her passport?

    Any insights will be of great help.



    No need to urgently make any passport modifications. You can get your passport corrected when you get it renewed the next time. As long as her name is correct in her documents , it should all be okay. One is not required to update/add spouse's name in their passport immediately and it can be done at the time of renewal.

  15. 13 hours ago, Fx006 said:


    My h1b is until june 21st 2019. 

    As per H1b i797 even my i94 end date is  june 21st.

    In the month of Jan 2019 I travelled out of country and my i94 (online) got updated to July 1st 2019.

    I got my h1b denial on june 25th and my employer immediately filed a new petition on june 26th.

    For the new petition I got an rfe saying

    " I was out of status when my employer filed second petition (june26th) ".

    Which i94 will be considered online updated one or the one on the old i797 ??

    Thanks in advance.



    Your latest i94 available online(based on most recent entry) is the valid one. Work with your attorneys to respond to the RFE with latest i94 . 

  16. From the facts presented you seemed to be out of status. Consult with your employer and their immigration attorneys and plan to leave asap. Search for 3 year and 10 year bars due to illegal stay in USA.

    That is why it is of paramount importance that the extension petitions are filed in a timely manner. Always consult immigration attorneys before you make a decision based on a forum or an internet blog.

  17. 1 hour ago, ImmiCheck said:

    My wife's H4-EAD application is pending with USCIS and my employer is planning to apply for my H-1B / H4 extension. Is it good to apply for H4-EAD application as well to get the new end date along with the petition while the previous H4-EAD application is pending?

    NO issues. One can file multiple H4-EAD applications , especially when the previous ones are pending adjudication. 

  18. 11 hours ago, Jaykumar01 said:
    Can't we just exit the country, get her visa stamped after filling DS160 for her (as I did for the very first time) and come back to US? Please help.

    She should exactly do that. Add "ASAP" to your plan. It is always suggested to get your case review in depth with a competent immigration attorney for all possible strategies.